probative value

probative value

n. evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed against prejudice in the minds of jurors toward the opposing party or criminal defendant. A typical dispute arises when the prosecutor wishes to introduce the previous conduct of a defendant (particularly a criminal conviction) to show a tendency toward committing the crime charged, against the right of the accused to be tried on the facts in the particular case and not prejudice him/her in the minds of the jury based on prior actions. (See: probative)

While errors in survey methodology usually go to the weight of the evidence, an improper survey may be excluded under Rule 403 of the Federal Rules of Civil Procedure when its probative value is substantially outweighed by its prejudicial effect or potentially misleading a jury.

36) After reviewing its previous FRE 404(b) precedent in Miller, the court lamented over the trial judge's failure to engage in an on-the-record evaluation of the reasons the government offered the prior conviction, the relevance of the conviction, or the weight of the conviction's probative value balanced against its risk of unfair prejudice.

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